Tenant shall not (either with or without negligence) cause or permit the escape, the disposal or release of any Hazardous Materials on or under the Building, the Lot or the Demised Premises. Tenant shall not allow the storage or use of Hazardous Materials in any manner not sanctioned by the applicable permits or by law. Tenant shall not cause any Hazardous Materials to be brought into the Building, Lot or Demised Premises except such substances or materials used in the ordinary course of Tenant’s business and listed on [Exhibit F] attached hereto (which Hazardous Materials shall be used, stored and disposed of in accordance with a program to be mutually agreed upon by Landlord and Tenant) or as otherwise approved by Landlord in writing, which approval shall not be unreasonably withheld, provided such use complies with the permitted allocated quantities of specified classes of chemicals permitted in the Building. Any Hazardous Materials used by Tenant shall at all times be brought to, kept at or used in so-called ‘control areas’ (the number and size of which shall be identified in the plans for Tenant’s Work which are subject to Landlord’s approval pursuant to this Lease) and in accordance with all applicable laws and ordinances, any permit or approval issued by any applicable governmental agency or authority and prudent environmental practice and (with respect to medical waste and so-called “biohazard” materials) good scientific and medical practice. In the event Tenant intends on using any biologically or chemically active or other Hazardous Materials, or materials that require a specialized permit, Tenant shall first obtain Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. Within five (5) business days of Landlord’s request, Tenant shall provide Landlord with a list of all biologically or chemically active or other Hazardous Materials, including quantities, used by Tenant in the Demised Premises or otherwise in the Building. Tenant shall obtain and maintain all proper permits required by applicable law or ordinance for the storage and use of any Hazardous Materials stored or used by Tenant, and Tenant shall furnish evidence of same upon request and shall comply with all governmental reporting requirements with respect to such Hazardous Materials used by Tenant in its business operations, and shall deliver to Landlord copies of such reports. “Hazardous Material” means # any hazardous, flammable, explosive or toxic materials, radioactive materials, asbestos in any form that is or could become friable, or polychlorinated biphenyls (PCBs); or # any chemical, material or substance defined, classified or regulated as toxic or hazardous or as a pollutant, contaminant or waste under any applicable environmental laws, including without limitation, those hazardous substances and materials described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any applicable state or local laws and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Materials on or under the Demised Premises, then the reasonable costs thereof shall be paid by Landlord, unless such release was caused solely by Tenant or persons acting under Tenant, whereupon the reasonable costs of such testing shall be

Catalent shall be responsible for procuring, inspecting and releasing adequate Raw Materials as necessary to meet the Firm Commitment unless otherwise agreed to by the parties in writing. Catalent shall not be liable for any delay in delivery of Product if # Catalent is unable, despite using reasonable efforts, to obtain, in a timely manner, a particular Raw Material necessary for Processing of such Product; # due to reasons outside of Catalent’s reasonable control, provided that Catalent placed orders for such Raw Materials promptly following receipt of Client’s Firm Commitment; and # Client-requested label changes result in lead time delay. In the event that any Raw Material becomes subject to purchase lead time beyond the Firm Commitment time frame, the parties will negotiate in a commercially reasonable manner an appropriate amendment to this Agreement, including Section 4.2.

Other Materials. On each date on which the Company is required to deliver a certificate pursuant to Section 7(l), the Company shall have furnished to the Agent such appropriate further information, certificates and documents as the Agent may reasonably request. All such opinions, certificates, letters and other documents will be in compliance with the provisions hereof. The Company will furnish the Agent with such conformed copies of such opinions, certificates, letters and other documents as the Agent shall reasonably request.

Promotional Materials. AcelRx shall have the right to develop all written, printed, electronic or graphic material intended for use by sales representatives in promoting the Products in the Territory, including visual aids, file cards, premium items, clinical study reports, reprints, drug information updates, and any other promotional support items (collectively, the “Promotional Materials”); provided that # all Promotional Materials shall comply with Applicable Laws; # AcelRx shall provide a copy of all Promotional Materials to the JSC for discussion within JSC, prior to finalization thereof and at least ​ prior to use or distribution in the Territory, provided that AcelRx may repeatedly use or distribute any Promotional Materials previously approved by the JSC without any additional JSC review; # all Promotional Materials shall be compliant with Aguettant’s global branding guidelines and core materials (including Indication), for the Product, as provided by Aguettant to AcelRx upon execution of the Agreement, as long as this is compliant with FDA requirements and regulations; and # no Promotional Material shall be detrimental to Aguettant’s products other than the Product. Aguettant shall provide AcelRx, at Aguettant’s cost and expense, all existing marketing and promotional materials (including website and digital content) regarding the Products, whether electronic (including source code thereof, if applicable) or physical copies, provided that Aguettant shall have no obligations under this Agreement to assist with the technical aspects of the creation and maintenance of such website or to provide such digital content in any particular format.

Hazardous Materials. Licensee shall strictly comply with all Environmental Laws to the extent such provisions relate to the Licensed Premises during the Term of this Agreement and are the obligation of Licensee under this Agreement (and not the obligation of SmartLabs with respect to provision of services described on [Exhibit 2]). For purposes hereof, “Environmental Laws” shall mean all laws, statutes, ordinances, rules and regulations of any local, state or federal governmental authority having jurisdiction concerning environmental, health and safety matters, including but not limited to any discharge by Licensee or Licensee’s Occupants into the air, surface water, sewers, soil or groundwater of any Hazardous Material (defined below) whether within or outside the Licensed Premises, including, without limitation

Offering Materials. None of the Company, its officers and directors has distributed or will distribute prior to the Closing Date any offering material, including any “free writing prospectus” (as defined in Rule 405 promulgated under the Securities Act), in connection with the offering and sale of the Notes.

Regulatory Materials. Ji Xing shall provide [[Cytokinetics:Organization]] with drafts in English of all Regulatory Materials in a reasonable time (in any event no less than ​ for Regulatory Materials other than an NDA or other application for Regulatory Approval, which shall be drafted and reviewed based on a schedule to be agreed by the Parties) prior to submission for review and comment, and shall consider in good faith any comments received from [[Cytokinetics:Organization]], which shall be provided within ​ of receipt. For clarity, ​. In addition, Ji Xing shall notify [[Cytokinetics:Organization]] of any Regulatory Materials submitted to or received from any Regulatory Authority in the Territory and shall provide [[Cytokinetics:Organization]] with copies thereof within ​ after submission or receipt, and shall notify [[Cytokinetics:Organization]] of any other material communication with any Regulatory Authority in the Territory within ​ after such communication. If any such Regulatory Material is not in the English language, Ji Xing shall also, ​ provide [[Cytokinetics:Organization]] with an English summary at the time of provision and a true, complete, accurate and certified English translation thereof as soon as practicable. If necessary, [[Cytokinetics:Organization]] shall assist Ji Xing in addressing any additional requirements requested by any Regulatory Authority in the Territory within a reasonable time (depending on the events), including providing existing supplementary data or documentation.

Regulatory Materials. For any Regulatory Materials and Regulatory Approvals for the Product that are held by Ji Xing or its Affiliate or sublicensees, Ji Xing shall (and shall cause its Affiliates and sublicensees to), as instructed by [[Cytokinetics:Organization]], either # if permitted by Applicable Laws, promptly transfer and assign all such Regulatory Materials and Regulatory Approvals to [[Cytokinetics:Organization]], # continue to hold any such Regulatory Materials and Regulatory Approvals for the sole benefit of [[Cytokinetics:Organization]] or its designee (in which case, Ji Xing shall appoint [[Cytokinetics:Organization]] or its designee as the exclusive distributor (with the right to subcontract and appoint subdistributors) under such Regulatory Materials and Regulatory Approvals for the Product in the Territory, and also as its agent to interact with the applicable Regulatory Authority in the Territory with respect to such Regulatory Materials and Regulatory Approvals), until such time [[Cytokinetics:Organization]] or its designee files its own Regulatory Materials and obtain its own Regulatory Approvals for the Product in the Territory; and/or # terminate or withdraw any such Regulatory Materials and Regulatory Approvals.

Promotional Materials. The Lead Party will be responsible, ​, the Global Commercialization Plan and the Country/Region Commercialization Plans (as applicable), including the U.S. Commercialization Plans (as applicable), for the creation, preparation, production and reproduction of all Promotional Materials and for filing, as appropriate, all Promotional Materials with all Regulatory Authorities in the world. Without limiting [Section 10.11], the JCC shall review and comment on ​.

Contributed Materials. To facilitate the conduct of activities hereunder, a Party shall provide the ​, collectively, “Materials”). Except as is set forth in the Product R&D Plan with respect to a Regeneron Co-Funding Product or a Party agrees to provide Materials to the other Party as set forth in a Plan, neither Party shall be obligated to provide any Materials to the other Party. Neither Party shall use the Materials of the other Party except in accordance with a Plan. All such Materials will remain the sole property of the providing Party. The receiving Party will # itself retain control of all such Materials, # use such Materials only in the fulfillment of obligations or exercise of rights under this Agreement, # not use such Materials or deliver the same to, or for the benefit of, any Third Party, without the providing Party’s prior written consent ​ and # not use such Materials in research or testing involving human subjects, without the providing Party’s prior written ​. The Materials supplied under this [Section 7.7] are supplied “as is”, and accordingly the receiving Party agrees to use prudence and appropriate caution in the use, handling, storage, transportation and disposition and containment of all such Materials, as not all of their characteristics may be known. ​.